THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF PRONTOHOMEDELIVERY.COM, PRONTO MOBILE, PRONTO TRACKING SIGNATURE PROOF OF DELIVERY, AND PRONTO TRACKING UPDATES. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
PRONTO MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF PRONTOHOMEDELIVERY.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT PRONTOHOMEDELIVERY.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH PRONTOHOMEDELIVERY.COM.
Section 1. Definitions.
Content: information, graphics, products, features, functionality, services, and links on PRONTOHOMEDELIVERY.COM, including PRONTO Tracking Signature Proof of Delivery and PRONTO Tracking Updates.
PRONTO: PRONTO Corporate Services, Incorporated, its parent and its parent’s subsidiary companies
You: Yourself and the entity that you represent
Section 2. Use of PRONTOHOMEDELIVERY.COM.
PRONTOHOMEDELIVERY.COM is provided solely for the use of current and potential PRONTO customers to interact with PRONTO and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, drop-off location, and other information and services may only be used by current and potential PRONTO customers for their own shipments. Use of PRONTOHOMEDELIVERY.COM to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
The use of non-authorized scripting technologies to obtain information from PRONTOHOMEDELIVERY.COM or submit information through PRONTOHOMEDELIVERY.COM is strictly prohibited.
PRONTO does not accept ideas, concepts, or techniques for new services or products through PRONTOHOMEDELIVERY.COM. If such information is received, it will not be considered confidential and PRONTO will be deemed free to use, communicate and exploit such information in any manner it chooses.
Section 3. Changes to PRONTOHOMEDELIVERY.COM.
PRONTOHOMEDELIVERY.COM and its Content, may be changed, deleted or updated at any time without notice.
Section 4. Termination of Use.
PRONTO may discontinue, suspend or modify PRONTOHOMEDELIVERY.COM at any time without notice, and PRONTO may block, terminate or suspend Your and any user’s access to PRONTOHOMEDELIVERY.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 5. Ownership.
PRONTOHOMEDELIVERY.COM and its Content are protected by United States and international copyright, trademark and other laws. © 2018 PRONTO. All rights reserved. Specifically, PRONTO does not convey to anyone, through allowing access to PRONTOHOMEDELIVERY.COM, any ownership rights in PRONTOHOMEDELIVERY.COM or in any Content appearing on or made available through PRONTOHOMEDELIVERY.COM. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of PRONTOHOMEDELIVERY.COM or its Content.
Section 6. Disclaimer of Warranty.
PRONTOHOMEDELIVERY.COM AND ITS CONTENT ARE PROVIDED “AS IS”. PRONTO AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE PRONTOHOMEDELIVERY.COM AND ITS CONTENT.
PRONTO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING PRONTOHOMEDELIVERY.COM, AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY PRONTO OR AN AUTHORIZED REPRESENTATIVE OF PRONTO SHALL CREATE A WARRANTY.
Section 7. Limitation of Liability.
USE OF PRONTOHOMEDELIVERY.COM AND ITS CONTENT IS AT YOUR SOLE RISK. PRONTO WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE PRONTOHOMEDELIVERY.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED PRONTO OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You agree to defend, indemnify and hold harmless PRONTO, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
Section 9. PRONTO Service Guide.
The terms and conditions for using PRONTO delivery and related services are contained in the most current version of the PRONTO Service Guide, which is available by request. The most current version of the PRONTO Service Guide will control in the event of any conflict between any PRONTO delivery or related service information on PRONTOHOMEDELIVERY.COM and the delivery or related service information contained in the most current version of the PRONTO Service Guide.
Section 10. Links to other web sites.
There are links on the PRONTOHOMEDELIVERY.COM site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by PRONTO. PRONTO makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
PRONTO has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 12. Controlling Law and Severability.
This Agreement and Your use of PRONTOHOMEDELIVERY.COM is governed by and construed in accordance with the laws of the United States and the State of Delaware, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to PRONTOHOMEDELIVERY.COM or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Delaware. This Agreement may not be changed or modified without the written consent of PRONTO.
Section 13. PRONTO Notifications.
PRONTO provides You with the opportunity, to use PRONTO Notifications to send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. PRONTO may modify or terminate the use of PRONTO Notifications at any time.
PRONTO does not commit to keeping Your message private or confidential. By using PRONTO Notifications You acknowledge that PRONTO is providing the technical functionality only, and that You are solely responsible for the content of Your messages. PRONTO undertakes no duty to monitor any messages sent by You. However, PRONTO, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use PRONTO Notifications for anything other than to communicate information about Your shipment. You may not use PRONTO Notifications to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If PRONTO sees or hears about messages sent via PRONTO Notifications that violate these provisions, or that may damage PRONTO, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use PRONTO Notifications to ship a package. PRONTO will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.
Section 14. PRONTO Tracking Proof of Delivery.
Section 15. PRONTO Tracking Updates.